Drones Are Flying outside of Segregated Airspace in Poland
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Drones Are Flying outside of Segregated Airspace in Poland New Rules for BVLOS UAV Operations Anna Konert 1
&
Piotr Kasprzyk 2
Received: 30 September 2019 / Accepted: 27 December 2019 # The Author(s) 2020
Abstract Poland was one of the first European countries to adopt a national regulatory framework for the operation of drones. During its first years (2013–2016), the national regulator was more focused on VLOS operations, and BVLOS operations were possible only in segregated airspace. Since 2019, a new law has allowed for certain types of BVLOS operations to be conducted outside of segregated airspace, at very low levels. This paper will analyze how national legislation is dealing with this new technology, focusing on the new law on BVLOS operations. As the national regulation will be replaced in June 2020 by common European rules that have been adopted 2019, this paper also aims to highlight the most important provisions of the EU regulation. Keywords drones . UAV . UAS . Polish regulations . EU regulations . air law
1 Introduction New technologies have made the rapid development of the unmanned aircraft sector possible. However, as with every new technology, unmanned aircraft vehicles or systems (UAVs or UASs) possess their own regulatory and legal constraints. From a legal point of view, there are many questions to be answered under the general rules of law, such as privacy and personal data protection, public security, civil or criminal liability, etc. However, the main legal challenge is of a regulatory nature. The regulatory framework for UAV operations has to provide an adequate level of safety. In the case of UAVs, safety regulations aim to protect third parties on the ground and in the air as there are no crew or passengers on board of the aircraft.
Research financed by National Science Center, Poland. Project No 2017/ 27 /B/HS5/0008 “Unmanned Aircraft. A new era in aviation law”. * Anna Konert [email protected] Piotr Kasprzyk [email protected] 1
Institute of Air and Space Law, Lazarski University, Warsaw, Poland
2
Solidarity Transport Hub STH, Warsaw, Poland
There is no doubt that UAVs are considered to be aircraft under aviation law at international, regional (European Union) and national levels [1]. But the operation of unmanned aircraft is by definition different from the operation of manned aircraft. Therefore, it is almost impossible to apply existing aviation requirements to drones. For instance, a UAV cannot be issued with a type certificate or an individual airworthiness certificate, as certification standards have only been developed for manned aircraft categories. Also, other “traditional” aviation safety rules, i.e. for aircraft operations or crew licensing, were drafted with the fundamental assumption that there were crew members on board the aircraft. The presence of the crew enables the aircraft to avoid other aircraft under the applicable rules of the air. Therefore, it has been widely recognized that there is an essential need to create a new regulatory framework for
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